Cities Service Oil Co. v. Dunlap

SIBLEY, Circuit Judge.

The motion for rehearing asserts that in the Texas courts the rule is established that on an issue of bona fide purchase for value without notice the burden of proof is upon him who attacks the legal title and asserts the equity, citing White v. Hix, Tex.Civ.App., 104 S.W.2d 136; and the contention is made that under the ruling in Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487, the State law should have been applied in this court.

In 66 C.J., Vendor and Purchaser, § 1063, we find the Texas rule, supported by a multitude of Texas cases,…